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Employer able to recover stolen funds from employee despite settlement agreement

Thinking| 08 Apr 2019

Employer able to recover stolen funds from employee despite settlement agreement

In a recent decision1, the Queensland Court of Appeal upheld a decision that a deed of release, drafted in general terms to release the employee from all claims arising from her employment, did not extend to conduct the employer was unaware of at the time of execution. The case The employer, Dormway, terminated the employment […]

APRA issues information security standard

Thinking| 16 Dec 2018

APRA issues information security standard

Australian Prudential Regulation Authority (APRA) issued Prudential Standard CPS 234 Information Security (CPS 234) on 7 November 2018. CPS 234 imposes information security requirements on all APRA-regulated entities and will commence on 1 July 2019, providing transition arrangements where information assets are managed by third parties. It is crucial for all APRA-regulated entities to understand […]

Failure to consult about subjective selection makes redundancy unfair

Thinking| 08 Aug 2018

Failure to consult about subjective selection makes redundancy unfair

As most employers will be aware, an employee dismissed due to genuine redundancy cannot claim unfair dismissal.  Under section 389 of the Fair Work Act 2009 (Cth), in determining whether a dismissal is a genuine redundancy the Fair Work Commission (FWC) is only required to consider whether: the job is no longer required due to […]

Unfair contract laws to be extended to insurance

Thinking| 06 Aug 2018

Unfair contract laws to be extended to insurance

Since 2010, Australia has had laws dealing with unfair contract terms (UCT Laws) in consumer contracts. These are contained in sections 23 to 28 of the Competition and Consumer Act 2010 (ACL) and, in respect of financial products and services, sections 12BF to 12BM of the Australian Securities and Investment Commission Act 2001 (ASIC Act). […]

Insurable Interest – Issue 46

Thinking| 03 Aug 2018

Insurable Interest – Issue 46

Contents The future is super Class action gets a rubbish result Vicarious, but not apportionable Wastewater proves un-appealing Is there a Right2Drive? It’s never too late to change your mind Keeping your cards too close to the chest Postage stamps still work The future is super Mr Latz was diagnosed with mesothelioma in October 2016. It […]